Obtaining a Certificate of Compliance

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Obtaining a Certificate of Compliance

WHAT IS REQUIRED?

The Utah Underground Storage Tank (UST) Act requires that owners and operators of regulated petroleum USTs qualify their tanks for and receive a Certificate of Compliance, and keep the tanks in substantial compliance with all UST rules and regulations. It is a violation of the UST Act to operate these USTs without a certificate. New tanks must have a certificate before being put into operation. Fines may be assessed if product or other regulated substance is delivered to or placed into an UST that does not have a Certificate of Compliance. (Certificate of Compliance Packet - pdf)

HOW DO I GET A CERTIFICATE?

To qualify for and receive a Certificate of Compliance, complete the following steps:

Submit a completed Application for Certificate of Compliance and declare whether you will participate in the Utah Petroleum Storage Tank Trust Fund (PST Fund) or demonstrate financial responsibility for your USTs by another allowable mechanism. You must meet all requirements for coverage under your chosen mechanism before you operate the USTs.
Pay the Registration Fee of $100 per tank for USTs participating in the PST Fund, or $200 per tank for USTs using another allowable financial responsibility mechanism.
Conduct a tank and line tightness test and submit a complete copy of the results (including field notes, measured leak rate, and other technical data). The tightness tests must be performed by a Utah certified UST Tester. To receive fuel for the test, you must contact the Division of Environmental Response and Remediation (DERR) at (801) 536-4100 for authorization of a one-time delivery. The DERR will need to know the date of delivery and the name of the company that will deliver the fuel.
Submit a completed Previous Pollution Incidents form to indicate whether you have had any petroleum releases at the facility. If you participate in the PST Fund, failure to report previous releases could void your coverage. Payment of clean-up costs for previous releases is your responsibility.
Submit a facility site plat or as-built drawing that shows the tank excavation, buildings, tanks, product lines, vent lines, cathodic protection systems, tank leak detection systems and product line leak detection systems. The site plat is required under Section R311-203-3(e) of the Utah UST rules.

If you choose to participate in the PST Fund you must:

Check the box on the Application for Certificate of Compliance to indicate participation in the PST Fund and indicate the financial responsibility mechanism you will use to pay the cleanup costs not covered by the Fund.
Pay the PST Fund fee. Pay $50 per tank for USTs installed at new facilities. If a new UST is installed at a facility with existing USTs, pay the rate assessed to the existing USTs for the current fiscal year, either $50 or $150 per tank. If the new UST is a replacement for a previously-existing UST, the current year PST Fund fee paid for the original tank is applied to the new UST.

If you choose to demonstrate financial responsibility by another mechanism you must:

Submit documentation for the mechanism you will use. The documents must conform to the format and wording specified in 40 CFR 280 subpart H. The state UST rules (R311-206-5) have additional requirements. The mechanism must be approved by the DERR before the Certificate of Compliance can be issued. The documentation should be submitted several weeks in advance of the time the tanks will go into service to allow for the approval process. If the mechanism has already been approved for other tanks, submit an updated list of tanks covered by the mechanism to show the new ones.
Pay the process fee of $420 for the mechanism to be used. If the mechanism has already been approved for other tanks, no process fee is due if the fee for the current year has already been paid.

For additional information on financial responsibility, please refer to Demonstrating Financial Responsibility.

Submit the forms and other required information to:

Division of Environmental Response and Remediation
168 North 1950 West
PO Box 144840
Salt Lake City, Utah 84114-4840

If you have questions, please contact the DERR UST Section at (801) 536-4100. Forms and additional information are available on the Utah DERR web site at www.undergroundtanks.utah.gov.

12/05

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